andy lopez was carrying a bb gun. a deputy as patrolling the -- was patrolling the area and opened fire after the teen didn't put the gun down. they hired a independent autopsy of the teen. >> the first shot that andy -- the trajectory is front to back, right to left. andy didn't point the rifle. the physical evidence makes that absolutely impossible. >> reporter: the attorney said filing the lawsuit before the official investigation is complete could jeopardize the process. >> there is a real potential of interfering with the investigation. from the county's point of view we have confidence in the police department, the district attorney and the grand jury and the fbi that is involved in the investigation. >> reporter: he represented families against police departments before. he represented a southern california teen paralyzed in an officer involved shooting case. he says the family's suit does not specify how much they are asking for. he says that amount will be up to a jury to decide. allie rasmus, ktvu channel 2